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  1. #1
    Join Date
    Jun 2018
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    1

    Default Visitation Rights After a Protective Services Removal

    My question involves a child custody case from the State of: California, Yolo County.

    CPS has had my kids for four days without setting up visitation.

    It's been 4 days CPS took my kids after after two visits I remained in constant contact with them after I told him what attorney they ignored me and warrant out for pickup.

  2. #2
    Join Date
    Jul 2010
    Posts
    7,603

    Default Re: CPS Has Had My Kids for 4 Days Without Setting Up Visitation is This Legal

    Why was CPS involved in the first place? After 2 visits? So CPS visited your home twice and took the kids on the second visit?

    If you have an attorney, which I think is what you are saying in there, you need to be speaking to them about this.

  3. #3
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Visitation Rights After a Protective Services Removal

    Following an emergency removal, a court hearing must be scheduled within 72 hours, excluding Sundays. So when a removal occurs on a Thursday or Friday it is possible that the hearing won't occur until the fourth day. There are phone number / phone contact requirements that apply following emergency removal, pending a court's review of the removal and further proceedings on any petition.
    Quote Quoting California Welfare & Institutions Code, Sec. 308.
    (a) When a peace officer or social worker takes a minor into custody pursuant to this article, he or she shall take immediate steps to notify the minor’s parent, guardian, or a responsible relative that the minor is in custody and that the child has been placed in a facility authorized by law to care for the child, and shall provide a telephone number at which the minor may be contacted. The confidentiality of the address of any licensed foster family home in which the child has been placed shall be maintained until the dispositional hearing, at which time the judge may authorize, upon a finding of good cause, the disclosure of the address. However, the court may order the release of the address of the licensed foster family home to the minor’s parent, guardian, or responsible relative upon notification of the licensed foster family home in cases where a petition to challenge jurisdiction or other motion to delay the dispositional hearing beyond 60 days after the hearing at which the minor was ordered removed or detained, pursuant to subdivision (b) of Section 352, is granted. Moreover, a foster parent may authorize the release of the address of the foster family home at any time during the placement. The county welfare department shall make a diligent and reasonable effort to ensure regular telephone contact between the parent and a child of any age, prior to the detention hearing, unless that contact would be detrimental to the child. The initial telephone contact shall take place as soon as practicable, but no later than five hours after the child is taken into custody.

    (b) Immediately after being taken to a place of confinement pursuant to this article and, except where physically impossible, no later than one hour after he or she has been taken into custody, a minor 10 years of age or older shall be advised that he or she has the right to make at least two telephone calls from the place where he or she is being held, one call completed to his or her parent, guardian, or a responsible relative, and another call completed to an attorney. The calls shall be at public expense, if the calls are completed to telephone numbers within the local calling area, and in the presence of a public officer or employee. Any public officer or employee who willfully deprives a minor taken into custody of his or her right to make these telephone calls is guilty of a misdemeanor.

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